Advertisement

http://insurancethoughtleadership.com/wp-content/uploads/2014/04/bg-h1.png

[sendtokindle]

Wally Zimolong

Wally Zimolong

Wally is one of Super Lawyer Magazine’s “rising stars” of construction litigation. He has successfully litigated hundreds of construction-related cases, some that resulted in published court opinions and changes in substantive law.

Since graduating from law school in 2002, Wally has dedicated his legal career to representing individuals and companies in  the construction industry and is a frequent author and presenter on issues facing the industry. He has counseled clients nationwide on developing and constructing multifamily apartment buildings, professional and collegiate sports stadiums, power plants, schools and uniform planned communities. He has appeared in the Wall Street Journal, Construction Executive Magazine, ABA Construction Litigation Newsletter, Philadelphia Inquirer, Philadelphia Business Journal and others.

Because of increased enforcement activity, he counsels contractors subject to the federal and state Disadvantaged Business Enterprise regulations. He also has increased his representation of contractors and developers subject to illegal union picketing.

Wally enjoys supply-side economics and is a passionate conservative who actively supports the Republican Party. His litigation experience includes conservative public interest litigation. He is currently the elected Republican committeeman for the city of Philadelphia’s 2nd ward, 10th division. He also is a member of U.S. Sen. Pat Toomey’s Service Academy Selection Committee. In 2008, Wally was the elected Republican candidate for state representative for the (extremely liberal) 182nd district of Pennsylvania and received more votes than John McCain in the district. 

Wally enjoys trying not to embarrass himself on the golf course, trying not to shoot anyone while hunting, watching college sports, surfing and spending time at his Philadelphia home with his wife, Shannon, and their two children−a black Labrador retriever named Bubba and a Havenese named Rebel. The dogs appear indifferent to Wally’s political opinions.

For more information about Wally, please visit www.supplementalconditions.com .

Wally can be reached at wally@zimolonglaw.com

Summary of Representative Cases

  • Mechanics Lien Litigation. Defended developer in subcontractor’s mechanics lien claim. Successfully defended the case on appeal to the Pennsylvania Superior Court. Superior Court’s decision in Wally’s client’s favor resulted in change to the Pennsylvania Mechanics Lien Law and received national attention in the industry.
  • Payment Act and Delay Claim Litigation. Represented national concrete subcontractor in litigation against publicly traded international construction company in federal district court. Summary judgment decision in Wally’s client’s favor set legal precedent in the construction industry.
  • Payment Act Litigation. Represented national general contractor in claim against terminated subcontractor in AAA Arbitration proceeding. Arbitrator awarded Wally’s client the full damages requested, including attorneys fees and costs pursuant to the Pennsylvania Contractor and Subcontractor Payment Act.
  • Payment Act Litigation. Represented masonry and flat work contractor in a payment claim against a publicly traded national home builder. After the home builder’s counterclaims for defective workmanship and piercing the corporate veil were dismissed, the case settled for an amount in excess of $500,000.
  • Government Contract Litigation. Represented public works general contractor in multimillion-dollar litigation involving the state of New Jersey.
  • Manufacturing Litigation. Represented Chinese manufacturer and exporter of mirrors and frames in federal district court in claim against U.S. importer. Worked with local counsel in Hong Kong to successfully mediate the claim, after which the parties resumed a business relationship.
  • Commercial Litigation. Represented regional communications company in federal district court in litigation for breach of commission agreement against publicly traded communications service provider.
  • Government Investigation. Represented foreign currency hedge fund in state Securities and Exchange Commission anti-fraud claim. Claim was settled in Wally’s client’s favor.
  • Civil Asset Forfeiture. Represented the owner of a building and liquor license in a civil asset forfeiture cased brought by the commonwealth of Pennsylvania. The government sought to seize the owner’s real estate and liquor license under the commonwealth’s controlled substances civil asset forfeiture law. After a bench trial, the judge ruled in favor of Wally’s client and dismissed the government’s asset forfeiture case. Statistics show that only 4% of asset forfeiture cases are successfully defended.
  • Government Investigation/Regulatory Defense. Represented plumbing subcontractor on appeal to the Department of Labor, based on the Department of Housing and Urban Development’s claim that subcontractor violated the Davis Bacon Act. As a result of HUD’s claim, the subcontractor was not being paid. Department of Labor agreed with subcontractor and overturned HUD’s decision.
  • Regulatory Defense/Due Process. Represented real estate developer in a constitutional due process claim brought against the city of Philadelphia after the city’s Department of License and Inspection demolished developer’s property without notice. Federal court entered summary judgment in favor of client.
  • Injunctive Relief. Obtained ex parte emergency injunctive relief in federal court pursuant to the Computer Fraud Act on behalf of plumbing subcontractor against former employee, who was accessing client’s computer and email system after employment was terminated and using the information to bid against the client on projects. The matter was successfully settled, with a large payment to client.
  • Injunctive Relief. Obtained emergency injunctive relief in state court on behalf of client against his landlord for breach of quiet enjoyment caused by actions of another commercial tenant.
  • Injunctive Relief/Appellate Law. Represented homeowners association on appeal to Pennsylvania Commonwealth Court following trial court’s refusal to issue an injunction abating a homeowner’s violation of the association’s declaration. After briefing and oral argument, Commonwealth Court reversed the trial court’s decision, resulting in injunction’s being entered.
  • Mortgage Litigation. Obtained a unanimous jury verdict in federal court in favor of client, a mortgage company, against a real estate appraiser and his firm. The jury awarded Wally’s client in excess of $187,000 in damages. 

Reported Decision

  • Reserve at Packer Park Home Owners Assc. v. Baldi, 2012 WL 8682410 (Pa.Cmmw.Ct. 2012)
  • Bullard v. City of Philadelphia, 2012 WL 460306 (E.D.Pa 2012)
     
  • V.A.L. Floors v. 1419 Tower, L.P., 2008 WL 1977840 (E.D.Pa., 2009)
  • Quinn Construction v. Skanska USA Building, Inc., 2008 WL 2389499 (E.D.Pa.2008)
  • Philadelphia Construction Services v. Allan Domb, 903 A.2d 1262 (Pa.Super.2006)

Publications

“The Spearin Doctrine as a Defense to Defective Workmanship Claims,” ABA Construction Litigation Newsletter, Spring 2012.

“Lien Waivers, Releases Submitted With Requests for Payment Bar Claims,” The Legal Intelligencer, Aug. 16, 2011

“Dealing with Rising Materials Prices,” Construction Executive Magazine, August 2011

“Double Breasted Operations: Best of Both Words?” Connecticut Law Tribune, March 7, 2011

Wally Zimolong, Letter to the Editor, “Strong Opinions Over Wisconsin’s Public Union Brawl,” Wall Street Journal, Feb. 25, 2011

“The ‘Accidental Release’ – Pay Close Attention to Standard Lien Waivers,” Construction Executive Magazine, February 2011

“It May Pay for Subcontractors to Get Aggressive,” Connecticut Law Tribune, Vol. 36, No. 28, July 12, 2010

“The Validity of Anti-Flipping Clauses,” Legal Intelligencer, Real Estate Quarterly, January 2007

“Disclaimer and Integration Clauses in Agreements of Sale: Fraud Claims Fail Because Buyers Cannot Prove Justified Reliance,” Legal Intelligencer, Real Estate Quarterly, June 2007.

“Landlord’s Liability for Tenant’s Failure to Pay Its Contractor,” Philadelphia Business Journal, Ask the Legal Professionals, April 29, 2005

Presentations

“The Anatomy of Pennsylvania’s New P3 Infrastructure Act,” Pennsylvania Bar Institute, Philadelphia, PA, Aug. 14, 2013.

“The Seven Deadly Contract Sins,” ABC Eastern Pennsylvania, Feb. 13, 2013

“Construction Defect Defenses,” Defense Association of Philadelphia, PA, Oct. 16, 2012

“Construction Defect Litigation: Claims and Coverage,” Philadelphia Bar Institute, Philadelphia, PA, Aug. 23, 2012

“Letters, Banners, and Rats: Oh My! – Countermeasures for Aggressive Union Tactics,” ABC-NJ, Cherry Hill, NJ, Nov. 2, 2011.

“Mechanics Liens and Bond Claims: A Primer,” Pennsylvania Bar Institute, Philadelphia, PA, Aug. 31, 2011.

“Labor Law for Construction Lawyers,” Pennsylvania Bar Institute, Philadelphia, PA, May 12, 2011.

“New AIA Documents and Introduction to the ConsensusDocs,” Joint Meeting of BCA-SJ, SJMCA, Atlantic City, NJ, May 16, 2008.

“ConsensusDOCS v. A201,” BCA-NJ, Edison, NJ, Aug. 8, 2008.

Education:

  • Villanova University, J.D.
  • Villanova University, B.A.

Bar Admissions:

  • Commonwealth of Pennsylvania
  • State of New Jersey
  • U.S. District Court – District of New Jersey
  • U.S. District Court – Eastern District of Pennsylvania

Memberships and Organizations

  • Member, American Bar Association, Forum Committee on the Construction Industry
  • Member, American Bar Association, Section of Public Contract Law
  • Member, Philadelphia Bar Association, Real Property Section
  • Member, National Rifle Association
  • Associate Member, Associated Builders & Contractors, Inc.
  • Member, Society of American Military Engineers – Philadelphia Post
  • Associate Member, Contractors Association of Eastern Pennsylvania

Recent Articles by Wally Zimolong

Minority-Contracting Compliance — Three Risks

On Jan. 13, 2014, the Department of Justice announced that two former executives of Schuylkill Products had been sentenced to two years in federal prison and forced to pay $119 million in restitution because of their role in what the FBI called the largest fraud involving the Department of Transportation’s Disadvantaged Business Enterprise (DBE) Program. A third individual, the owner […]

Connect With Wally Zimolong

Connect with Dave Walker on LinkedIn Connect with Dave Walker on Twitter

  • Enterprise Risk Management
Do NOT follow this link or you will be banned from the site!